This information is for US Citizens and Permanent Residents making
presentations to foreign nationals regarding technology sensitive issues.
Open brainstorming sessions will generally conform to the "fundamental
research" definition as specified by the U.S. Bureau of Industry and
Security. Presenting items that are publically available (not
proprietary) are also allowed. Such activity is exempt from the
licensing rules regarding the transfer of restricted technology.
At ApacheCon conferences held in the United States, regarding
discussions of encryption and security software, the protecting concept
of "fundamental research" will provide significant protection.
The United States has some significant rules governing military
technologies - especially weaponry, and the technologies of encryption
and security. The exercise of "fundamental research" is exempt from
these export restrictions. There is a difference between "fundamental
research" and "proprietary research" of which the "proprietary research"
will be affected by documented licensing controls.
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Ref: U.S. Bureau of Industry and Security - Deemed Exports FAQs
http://www.bis.doc.gov/deemedexports/deemedexportsfaqs.html#16
#16. What technologies are considered "fundamental research"?
"Fundamental research" is basic and applied research in science and
engineering where the resulting information is ordinarily published and
shared broadly within the scientific community. It is distinguished from
proprietary research and from industrial development, design,
production, and product utilizations, the results of which ordinarily
are restricted for proprietary and/or specific national security
reasons. Normally, the results of "fundamental research" are published
in scientific literature, thus making it publicly available. Research
which is intended for publication, whether it is ever accepted by
scientific journals or not, is considered to be "fundamental research."
A large segment of academic research is considered "fundamental
research." Because any information, technological or otherwise, that is
publicly available is not subject to the Export Administration
Regulations (EAR) (except for encryption object code and source code in
electronic form or media) and thus does not require a license,
"fundamental research" is not subject to the EAR and does not require a
license. Please see ยง734.8 for a full discussion.
Sincerely,
Steven J. Hathaway
